INTERNATIONAL AVIATION LAW INTRODUCTION Dr Anna Konert.

INTERNATIONALAVIATION LAW

INTRODUCTION

Dr Anna Konert

AVIATION LAW

1. PUBLIC INTERNATIONAL AIR LAW

2. PRIVATE INTERNATIONAL AIR LAW

PUBLIC LAW

It examines the relevant principles and rules of international law that affect the use of air space and aeronautics.

PUBLIC LAW1. jurisdiction over persons, territory and

airspace, law of treaties, settlement of international disputes, law of international organisations etc. (CHICAGO Convention 1944, ICAO)

2. safety, security, air navigation, airports, and the environment

3. aircraft accident investigation

PRIVATE LAW

• Unification of law of liability

LIABILITY IN CASE OF AIR CRASH

AF 447

Air carrier liability in case of air crash…

Air France Flight 447 was a scheduled commercial flight from Rio de Janeiro to Paris, that crashed into the Atlantic Ocean on 1 June 2009, killing all 216 passengers and 12 crew members…

AF 447

33 different nationalities on board…

FR – 72

PL – 2

ES - 2

USA – 2

AF 4590 Concord crash

Flight 4590

Air France Flight 4590 was a Concorde flight operated by Air France which was scheduled to run from CDG near Paris, to JFK in New York City. On 25 July 2000, it crashed in Gonesse, France. All one hundred passengers and nine crew members on board the flight died. On the ground, four people were killed with one left injured…

LIABILITY

1. Civil liability for passenegrs (their families) – contract

( Passengers damages laibility)

2. Civil liability for third parties for damages on the ground – no contract

(Surface damage liability)

Liability

1) INTERNATIONAL LAW

2) EUROPEAN LAW

3) NATIONAL LAWS

Passengers damages liability

INTERNATIONAL LAW – „Warsaw-Montreal System”

• The Warsaw Convention of 1929

• The Hague Protocol of 1955

• The Guadalajara Supplementary Convention of 1961

• The Guatemala City Protocol of 1971

• .Montreal Protocols 1, 2,3 and 4 of 1975

• Montreal Convenion of 1999

EUROPEAN LAW

• Regulation (EC) No 889/2002 of The European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents

NATIONAL LAWS

1. National Air Law (Aviation Code, Civil Code or other regulations)

2. All the EU States = EU Regulation

Surface damage liability

9/11

National law

- Compensation to parties on the ground for bodily injury and property damage sustained is governed by the law of the state where the damage occurs

- National laws vary…

International law

1. The 1952 Rome Convention applies

• to damage caused to third parties on the territory of a contracting state by an aircraft registered in another contracting state.

• only to the damage sustained on the ground as a result of an air

International law

2. The 1978 Montreal Protocol

3. Modernization of the Rome Convention:

• Proposal to modernize in September 2000

• The idea moved forward after 9/11

Syllabus of the cours1. Introduction

2. National Air Law (presentations – introduction, statistics, air code, air regulations, airports, national airlines etc.)

3. Public law – Chicago Convention 1944 and ICAO overviews

4. Public law – Investigation of Air accidents

(+ presentation national regulations)

Syllabus of the cours5. Private law – Introduction (Warsaw –

Montreal system)

6. Air carrier liability for passengers (International and European law)

7. Air carrier liability for bagages/cargo

Air carrier liability for delayed flights, cancelled flights and overbooking

8. Surface damage liability

Books

1. Paul Stephen Dempsey and Michael Milde, International Air Carrier Liability: The Montreal Convention of 1999

2. Paul Stephen Dempsey, Public International Air Law (2008)

3. Anna Konert, Odpowiedzialność przewoźnika lotniczego (2010)

Articles

1. Anna Konert, Indian Journal of International Law vol. 50 no. 4 2010 “Operations of embarking and disembarking as a condition of air carrier liability under Warsaw/Montreal Convention”, New Delhi

Articles

2. Anna Konert, Indian Journal of International Law vol. 50 no. 2 2010 “Air carrier liability under Polish Air Law”, New Delhi

3. Anna Konert, Annals of Air and Space Law, Vol.XXIV 2009 “Are non pecuniary damages recoverable in Europe?- A comparison”, Montreal

Articles

4. Anna Konert, Air and Space Law, Kluwer Law International 2008, “Disabled persons in the EU, Canada and in the US” , The Hague/London

5. Anna Konert, Revista Derecho y Cambio Social, numero 13, ano 5, 2008 “Derechos de los pasajeros aereos”, Lima - Peru

Articles

6. Anna Konert, International Journal of Private Law (IJPL), Volume 4 - Issue 2 – 2011, Air carrier liabilities for passengers.